Comment to article 425. Terms of consideration of the case in the appellate instance The Criminal Procedure Code of the Republic of Kazakhstan

1The case must be considered on appeal no later than one month from the date of its receipt. In cases where the court finds grounds for examining new materials and evidence and passing a new verdict, the case must be considered on appeal no later than two months from the date of its receipt. The specified time limits, if there are valid reasons, may be extended by one month by a decision of the court of appeal in which the case is pending. If necessary, a further extension of the time limit for consideration of the case in the appellate instance may be carried out by decision of the chairman of the board of the relevant regional and equivalent court. At the same time, each extension of the time limit for consideration of the case may not exceed one month.

1. This provision defines a one-month period for appeal proceedings and provides for the possibility of extending it under certain circumstances that arise directly during the consideration of the case and are important for the proper resolution of the case on its merits. In particular, it is established that the case must be considered on appeal within one month from the date of its receipt by the Criminal Appeals Board. At the same time, the date of consideration in compliance with the requirements of Articles 427-428 of the CPC is appointed by the judge of the appellate judicial board to whom the criminal case has been transferred.

2. The circle of persons entitled to extend the term of consideration of the case in the appellate instance is limited. The extension of the term of consideration of a case for more than two months is allowed only by a resolution of the chairman of the board of criminal cases of the regional and equivalent courts. At the same time, each time the period is extended by only one month.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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